Nyack, N.Y., Code of Ordinances ch. 263 (eCode360 ed. 2026) § 263-11
Responsibilities of owners; persons considered to be owners
Operative Text
A. Responsibilities. (1) Owners of premises shall be responsible for compliance with the provisions of this chapter and shall remain responsible thereof regardless of the fact that this chapter may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility. (2) Heat and hot water; potable water; removal or shutoff prohibited. (a) Owners, occupants and operators of buildings shall be responsible for the proper installation, maintenance, condition and operation of service facilities and for furnishing adequate heat and an adequate hot-water supply system, capable of delivering heat and hot water to each dwelling, dwelling unit and rooming house. Heat shall be supplied from September 15 to May 15 of the following year, adequate to maintain a minimum inside temperature of 70° F. (b) Owners, occupants and operators of buildings shall be responsible to ensure that every dwelling, dwelling unit and rooming house shall be supplied with a potable water supply, including adequate water supply and pressure at all installed hot and cold water outlets. Where water is not supplied from a public source, the source and the system utilized shall be approved by the Rockland County Health Department. (c) No owner, occupant or operator shall cause any service, facility, equipment or utility which is required to be supplied by the provisions of this Code to be removed from or shut off from or discontinued for any occupied dwelling unit, except for necessary repairs, alterations or emergencies. B. Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the Village as executor, administrator, trustee, guardian, operator or agent, such persons shall be deemed and taken to be the owner or owners of said property within the intent and meaning of this chapter and shall comply with the provisions of this chapter to the same extent as the record owner; and notice to any such person of any order or decision of the Zoning Enforcement officer shall be deemed and taken to be good and sufficient notice, as if such person or persons were actually the record owner or owners of such property. In instances where an occupant is responsible or shares responsibility with the owner for the existence of one or more violations of this chapter, said occupant shall be deemed and taken to be an owner within the intent and meaning of this chapter.
Nyack, N.Y., Code of Ordinances ch. 263 § 263-11 establishes that property owners bear ultimate responsibility for complying with the village's housing code, even when operators or occupants also share certain duties or when private agreements shift responsibility to another party. The provision requires that heat (maintained at a minimum of 70°F from September 15 through May 15), hot water, and potable water be continuously supplied to all dwelling units, and prohibits the deliberate removal or shutoff of any required utility or service in an occupied unit except for necessary repairs or emergencies. The rule also extends 'owner' status—and the obligations that come with it—to anyone exercising control over a property, such as agents, trustees, or operators, and in some circumstances to occupants who contribute to a code violation.
Plain English — not legal advice.
Under § 263-11, compliant property owners and managers ensure that heating systems are capable of maintaining at least 70°F inside all dwelling units throughout the September 15–May 15 heating season, and that hot and cold potable water is available at adequate pressure year-round. Operators and agents who have charge or control of a property are treated as owners under this section, meaning they are subject to the same compliance obligations and are valid recipients of any notice or order from the Zoning Enforcement officer. Private lease agreements that attempt to shift these responsibilities to tenants do not relieve the owner of liability under § 263-11, so compliant operators maintain these services regardless of what any lease may say.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 263-11 of Nyack's housing code gives occupants a basis to expect continuous heat (at least 70°F) from mid-September through mid-May, as well as uninterrupted hot water and potable water supply, and prohibits owners or operators from deliberately cutting off these services in an occupied unit. If a required service is removed or shut off without a legitimate repair or emergency justification, tenants may consider documenting the condition and raising the violation with the Village's Zoning Enforcement officer, who is authorized to issue orders under this chapter. Tenant-rights organizations and legal aid services can help occupants understand how § 263-11 applies to their circumstances and what local complaint or enforcement processes may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation